[2012]DLSC2680 • May 30, 2012 • Supreme Court •
PETER ANKOMAH vs. CITY INVESTMENT COMPANY LIMITED
The appellant's wife defaulted on loans from the respondent company, leading to a judgment against her. During execution, the respondent caused the Deputy Sheriff to attach the appellant's personal property (a Mitsubishi car and a deep freezer) from their matrimonial home. The appellant demanded the return of these items, which was refused, prompting him to sue for their return or value and damages for detention.
read moreDOTSE JSC: The facts in this appeal admit of no controversy whatsoever. The wife of the plaintiff/appellant/appellant, hereinafter referred to as the plaintiff, defaulted in the repayment of loans he took from the defendants/respondents/respondent hereinafter referred to as the defendant. As a result of this default, the defendants instituted action against the wife of the plaintiff and obtained judgment against her. It was in the course of the execution of the judgment that the defendants caused the Deputy Sheriff to attach items which belonged to the plaintiff from their matrimonial home. The items of property seized from the plaintiff were a Mitsubishi car and a deep freezer. Following the failure of the defendants to return the said items to the plaintiff upon repeated demands, the plaintiff instituted an action in the High Court against the defendants. In view of the issues raised in this appeal, which hinged on what constitutes General and Special damages, it is considered wo...